MOHINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner challenges the order dated August 18, 1989 by which respondent No. 4 was promoted from the post of senior Translator to that of Superintendent Grade I. He alleges that the action is violative of provisions of Articles 14 and 16 of the Constitution inasmuch as his claim for promotion was not considered and the quota fixed by the department had not been followed.

(2.) The respondents contest the petitioner's claim on two-fold basis. Firstly, it has been averred that the petitioner had been promoted as Superintendent Grade II on February 22, 1989. He was on probation. He was not entitled to be considered against this vacancy prior to respondents No. 5 and 6 who were senior to him. Furthermore, it has been pointed out that the post in dispute had to be filled up from amongst the Translators. Consequently, it is maintained that the quota rule had been adhered to.

(3.) Mr. Jagdish Singh Khehar, learned counsel for the petitioner has contended that Mr. Bhagwan Singh who had been promoted as a Superintendent Grade I in the year 1984, belonged to the cadre of Translators. Another person Mr. Harjit Singh belonging to the same cadre had also been promoted as Superintendent Grade I. That being so, the two posts falling to the share of Translators had been duly filled up. The third post could not have been filled up by promotion of another Translator viz. respondent No. 4. Consequently he has urged that the post of Superintendent Grade I being a selection post, the petitioner has a right to be considered irrespective of the fact that respondents No. 5 and 6 who were working as Superintendents Grade II were senior to him. The contentions raised on behalf of the petitioners have been controverted by the learned counsel for the respondents.